So, Sir, I understood the gentleman, and am happy to find that I did not

misunderstand him. What he contends for is that it is constitutional to

interrupt the administration of the Constitution itself, in the hands of

those who are chosen and sworn to administer it, by the direct

interference, in form of law, of the States, in virtue of their

sovereign capacity. The inherent right in the people to reform their

government I do not deny; and they have another right, and that is to

resist unconstitutional laws, without overturning the government. It is

no doctrine of mine that unconstitutional laws bind the people. The

great question is, Whose prerogative is it to decide on the

constitutionality or unconstitutionality of the laws? On that the main

debate hinges. The proposition that, in case of a supposed violation of

the Constitution by Congress, the States have a constitutional right to

interfere and annul the law of Congress, is the proposition of the

gentleman. I do not admit it. If the gentleman had intended no more than

to assert the right of revolution for justifiable cause, he would have

said only what all agree to. But I cannot conceive that there can be a

middle course, between submission to the laws, when regularly pronounced

constitutional, on the one hand, and open resistance, which is

revolution or rebellion, on the other. I say the right of a State to

annul a law of Congress cannot be maintained, but on the ground of the

inalienable right of man to resist oppression; that is to say, upon the

ground of revolution. I admit that there is an ultimate violent remedy,

above the Constitution and in defiance of the Constitution, which may

be resorted to when a revolution is to be justified. But I do not admit

that, under the Constitution and in conformity with it, there is any

mode in which a State government, as a member of the Union, can

interfere and stop the progress of the general government, by force of

her own laws, under any circumstances whatever.

[Sidenote: The source of the power of the government of the United

States.]

[Sidenote: The people's government.]

[Sidenote: The Constitution declared by the people to be the supreme

law.]

[Sidenote: The general government and the State governments derive their

authority from the people.]

[Sidenote: General powers as over against State powers.]

This leads us to inquire into the origin of this government and the

source of its power. Whose agent is it? Is it the creature of the State

legislatures, or the creature of the people? If the government of the

United States be the agent of the State governments, then they may

control it, provided they can agree in the manner of controlling it; if

it be the agent of the people, then the people alone can control it,

restrain it, modify, or reform it. It is observable enough that the

doctrine for which the honorable gentleman contends leads him to the

necessity of maintaining, not only that this general government is the

creature of the States, but that it is the creature of each of the

States severally, so that each may assert the power for itself of

determining whether it acts within the limits of its authority. It is

the servant of four-and-twenty masters, of different wills and different

purposes, and yet bound to obey all. This absurdity (for it seems no

less) arises from a misconception as to the origin of this government

and its true character. It is, Sir, the people's Constitution, the

people's government, made for the people, made by the people, and

answerable to the people. The people of the United States have declared

that this Constitution shall be the supreme law. We must either admit

the proposition, or dispute their authority. The States are,

unquestionably, sovereign, so far as their sovereignty is not affected

by this supreme law. But the State legislatures, as political bodies,

however sovereign, are yet not sovereign over the people. So far as the

people have given power to the general government, so far the grant is

unquestionably good, and the government holds of the people, and not of

the State governments. We are all agents of the same supreme power, the

people. The general government and the State governments derive their

authority from the same source. Neither can, in relation to the other,

be called primary, though one is definite and restricted, and the other

general and residuary. The national government possesses those powers

which it can be shown the people have conferred on it, and no more. All

the rest belongs to the State governments, or to the people themselves.

So far as the people have restrained State sovereignty, by the

expression of their will, in the Constitution of the United States, so

far, it must be admitted, State sovereignty is effectually controlled. I

do not contend that it is, or ought to be, controlled farther. The

sentiment to which I have referred propounds that State sovereignty is

only to be controlled by its own "feeling of justice"; that is to say,

it is not to be controlled at all, for one who is to follow his own

feelings is under no legal control. Now, however men may think this

ought to be, the fact is, that the people of the United States have

chosen to impose control on State sovereignties. There are those,

doubtless, who wish they had been left without restraint; but the

Constitution has ordered the matter differently. To make war, for

instance, is an exercise of sovereignty; but the Constitution declares

that no State shall make war. To coin money is another exercise of

sovereign power; but no State is at liberty to coin money. Again, the

Constitution says that no sovereign State shall be so sovereign as to

make a treaty. These prohibitions, it must be confessed, are a control

on the State sovereignty of South Carolina, as as well as of the other

States, which does not arise "from her own feelings of honorable

justice." The opinion referred to, therefore, is in defiance of the

plainest provisions of the Constitution.

[Sidenote: The "sovereign" States.]

There are other proceedings of public bodies which have already been

alluded to, and to which I refer again for the purpose of ascertaining

more fully what is the length and breadth of that doctrine, denominated

the Carolina doctrine, which the honorable member has now stood up on

this floor to maintain. In one of them I find it resolved, that "the

tariff of 1828, and every other tariff designed to promote one branch of

industry at the expense of others, is contrary to the meaning and

intention of the Federal compact; and such a dangerous, palpable, and

deliberate usurpation of power, by a determined majority, wielding the

general government beyond the limits of its delegated powers, as calls

upon the States which compose the suffering minority, in their sovereign

capacity, to exercise the powers which, as sovereigns, necessarily

devolve upon them, when their compact is violated."

[Sidenote: Are protective tariffs unconstitutional usurpations?]

Observe, Sir, that this resolution holds the tariff of 1828, and every

other tariff designed to promote one branch of industry at the expense

of another, to be such a dangerous, palpable, and deliberate usurpation

of power, as calls upon the States, in their sovereign capacity, to

interfere by their own authority. This denunciation, Mr. President, you

will please to observe, includes our old tariff of 1816, as well as all

others; because that was established to promote the interest of the

manufacturers of cotton, to the manifest and admitted injury of the

Calcutta cotton trade. Observe, again, that all the qualifications are

here rehearsed and charged upon the tariff, which are necessary to bring

the case within the gentleman's proposition. The tariff is a usurpation;

it is a dangerous usurpation; it is a palpable usurpation; it is a

deliberate usurpation. It is such a usurpation, therefore, as calls upon

the States to exercise their right of interference. Here is a case,

then, within the gentleman's principles, and all his qualifications of

his principles. It is a case for action. The Constitution is plainly,

dangerously, palpably, and deliberately violated; and the States must

interpose their own authority to arrest the law. Let us suppose the

State of South Carolina to express this same opinion, by the voice of

her legislature. That would be very imposing; but what then? Is the

voice of one State conclusive? It so happens that, at the very moment

when South Carolina resolves that the tariff laws are unconstitutional,

Pennsylvania and Kentucky resolve exactly the reverse. _They_ hold those

laws to be both highly proper and strictly constitutional. And now, Sir,

how does the honorable member propose to deal with this case? How does

he relieve us from this difficulty, upon any principle of his? His

construction gets us into it; how does he propose to get us out?

[Sidenote: Nullification would make uniform laws impossible.]

In Carolina, the tariff is a palpable, deliberate usurpation; Carolina,

therefore, may nullify it, and refuse to pay the duties. In

Pennsylvania, it is both clearly constitutional and highly expedient;

and there the duties are to be paid. And yet we live under a government

of uniform laws, and under a Constitution too, which contains an express

provision, as it happens, that all duties shall be equal in all the

States. Does not this approach absurdity?

If there be no power to settle such questions, independent of either of

the States, is not the whole Union a rope of sand? Are we not thrown

back again, precisely, upon the old Confederation?

[Sidenote: The Union, with nullification, a mere connection during

pleasure.]

It is too plain to be argued. Four-and-twenty interpreters of

constitutional law, each with a power to decide for itself, and none

with authority to bind anybody else, and this constitutional law the

only bond of their union! What is such a state of things but a mere

connection during pleasure, or, to use the phraseology of the times,

_during feeling_? And that feeling, too, not the feeling of the people,

who established the Constitution, but the feeling of the State

governments!

[Sidenote: New England rejects the South Carolina doctrine.]

The gentleman has found no case, he can find none, to support his own

opinions by New England authority. New England has studied the

Constitution in other schools and under other teachers. She looks upon

it with other regards, and deems more highly and reverently both of its

just authority and its utility and excellence. The history of her

legislative proceedings may be traced. The ephemeral effusions of

temporary bodies, called together by the excitement of the occasion, may

be hunted up; they have been hunted up. The opinions and votes of her

public men, in and out of Congress, may be explored. It will all be in

vain. The Carolina doctrine can derive from her neither countenance nor

support. She rejects it now; she always did reject it; and till she

loses her senses, she always will reject it. The honorable member has

referred to expressions on the subject of the embargo law, made in this

place, by an honorable and venerable gentleman,[32] now favoring us with

his presence. He quotes that distinguished Senator as saying that, in

his judgment, the embargo law was unconstitutional, and that therefore,

in his opinion, the people were not bound to obey it. That, Sir, is

perfectly constitutional language. An unconstitutional law is not

binding; _but then it does not rest with a resolution or a law of a

State legislature to decide whether an act of Congress be or be not

constitutional_. An unconstitutional act of Congress would not bind the

people of this District, although they have no legislature to interfere

in their behalf;[33] and, on the other hand, a constitutional law of

Congress does bind the citizens of every State, although all their

legislatures should undertake to annul it by act or resolution. The

venerable Connecticut Senator is a constitutional lawyer, of sound

principles and enlarged knowledge; a statesman practised and

experienced, bred in the company of Washington, and holding just views

upon the nature of our governments. He believed the embargo

unconstitutional, and so did others; but what then? Who did he suppose

was to decide that question? The State legislatures? Certainly not. No

such sentiment ever escaped his lips.

Let us follow up, Sir, this New England opposition to the embargo laws;

let us trace it, till we discern the principle which controlled and

governed New England throughout the whole course of that opposition. We

shall then see what similarity there is between the New England school

of constitutional opinions and this modern Carolina school. The

gentleman, I think, read a petition from some single individual

addressed to the legislature of Massachusetts, asserting the Carolina

doctrine, that is, the right of State interference to arrest the laws of

the Union. The fate of that petition shows the sentiment of the

legislature. It met no favor. The opinions of Massachusetts were very

different. They had been expressed in 1798, in answer to the resolutions

of Virginia, and she did not depart from them, nor bend them to the

times. Misgoverned, wronged, oppressed, as she felt herself to be, she

still held fast her integrity to the Union. The gentleman may find in

her proceedings much evidence of dissatisfaction with the measures of

government, and great and deep dislike to the embargo; all this makes

the case so much the stronger for her; for, notwithstanding all this

dissatisfaction and dislike, she still claimed no right to sever the

bonds of the Union. There was heat, and there was anger in her political

feeling. Be it so; but neither her heat nor her anger betrayed her into

infidelity to the government. The gentleman labors to prove that she

disliked the embargo[34] as much as South Carolina dislikes the tariff,

and expressed her dislike as strongly. Be it so; but did she propose the

Carolina remedy? did she threaten to interfere, by State authority, to

annul the laws of the Union? That is the question for the gentleman's

consideration.

[Sidenote: New England attitude toward the embargo of 1807.]

[Sidenote: The government has power of deciding ultimately on the just

extent of its own authority.]

No doubt, Sir, a great majority of the people of New England

conscientiously believed the embargo law of 1807 unconstitutional; as

conscientiously, certainly, as the people of South Carolina hold that

opinion of the tariff. They reasoned thus: Congress has power to

regulate commerce; but here is a law, they said, stopping all commerce,

and stopping it indefinitely. The law is perpetual; that is, it is not

limited in point of time, and must of course continue until it shall be

repealed by some other law. It is as perpetual, therefore, as the law

against treason or murder. Now, is this regulating commerce, or

destroying it? Is it guiding, controlling, giving the rule to commerce,

as a subsisting thing, or is it putting an end to it altogether? Nothing

is more certain than that a majority in New England deemed this law a

violation of the Constitution. The very case required by the gentleman

to justify State interference had then arisen. Massachusetts believed

this law to be "a deliberate, palpable, and dangerous exercise of a

power not granted by the Constitution." Deliberate it was, for it was

long continued; palpable she thought it, as no words in the Constitution

gave the power, and only a construction, in her opinion most violent,

raised it; dangerous it was, since it threatened utter ruin to her most

important interests. Here, then, was a Carolina case. How did

Massachusetts deal with it? It was, as she thought, a plain, manifest,

palpable violation of the Constitution, and it brought ruin to her

doors. Thousands of families, and hundreds of thousands of individuals,

were beggared by it. While she saw and felt all this, she saw and felt

also, that, as a measure of national policy, it was perfectly futile;

that the country was no way benefited by that which caused so much

individual distress; that it was efficient only for the production of

evil, and all that evil inflicted on ourselves. In such a case, under

such circumstances, how did Massachusetts demean herself? Sir, she

remonstrated, she memorialized, she addressed herself to the general

government, not exactly "with the concentrated energy of passion," but

with her own strong sense, and the energy of sober conviction. But she

did not interpose the arm of her own power to arrest the law, and break

the embargo. Far from it. Her principles bound her to two things; and

she followed her principles, lead where they might. First, to submit to

every constitutional law of Congress; and secondly, if the

constitutional validity of the law be doubted, to refer that question to

the decision of the proper tribunals. The first principle is vain and

ineffectual without the second. A majority of us in New England believed

the embargo law unconstitutional; but the great question was, and always

will be in such cases, Who is to decide this? Who is to judge between

the people and the government? And, Sir, it is quite plain that the

Constitution of the United States confers on the government itself, to

be exercised by its appropriate department, and under its own

responsibility to the people, this power of deciding ultimately and

conclusively upon the just extent of its own authority. If this had not

been done, we should not have advanced a single step beyond the old

Confederation.

[Sidenote: The vexed question of the tariff.]

[Sidenote: The laws of the Union beyond the control of the States.]

Sir, the human mind is so constituted that the merits of both sides of a

controversy appear very clear, and very palpable, to those who

respectively espouse them; and both sides usually grow clearer as the

controversy advances. South Carolina sees unconstitutionality in the

tariff; she sees oppression there also, and she sees danger.

Pennsylvania, with a vision not less sharp, looks at the same tariff,

and sees no such thing in it; she sees it all constitutional, all

useful, all safe. The faith of South Carolina is strengthened by

opposition, and she now not only sees, but _resolves_, that the tariff

is palpably unconstitutional, oppressive, and dangerous; but

Pennsylvania, not to be behind her neighbors, and equally willing to

strengthen her own faith by a confident asseveration, _resolves_, also,

and gives to every warm affirmative of South Carolina, a plain,

downright, Pennsylvania negative. South Carolina, to show the strength

and unity of her opinion, brings her assembly to a unanimity, within

seven voices; Pennsylvania, not to be outdone in this respect any more

than in others, reduces her dissentient fraction to a single vote. Now,

Sir, again I ask the gentleman, What is to be done? Are these States

both right? Is he bound to consider them both right? If not, which is in

the wrong? or rather, which has the best right to decide? And if he, and

if I, are not to know what the Constitution means, and what it is, till

those two State legislatures, and the twenty-two others, shall agree in

its construction, what have we sworn to, when we have sworn to maintain

it? I was forcibly struck, Sir, with one reflection, as the gentleman

went on in his speech. He quoted Mr. Madison's resolutions, to prove

that a State may interfere, in a case of deliberate, palpable, and

dangerous exercise of a power not granted. The honorable member supposes

the tariff law to be such an exercise of power; and that consequently a

case has arisen in which the State may, if it see fit, interfere by its

own law. Now, it so happens, nevertheless, that Mr. Madison deems this

same tariff law quite constitutional. Instead of a clear and palpable

violation, it is, in his judgment, no violation at all. So that, while

they use his authority for a hypothetical case, they reject it in the

very case before them. All this, Sir, shows the inherent futility, I had

almost used a stronger word, of conceding this power of interference to

the State, and then attempting to secure it from abuse by imposing

qualifications of which the States themselves are to judge. One of two

things is true: either the laws of the Union are beyond the discretion

and beyond the control of the States; or else we have no constitution of

general government, and are thrust back again to the days of the

Confederation.

I must now beg to ask, Sir, Whence is this supposed right of the States

derived? Where do they find the power to interfere with the laws of the

Union? Sir, the opinion which the honorable gentleman maintains is a

notion founded in a total misapprehension, in my judgment, of the origin

of this government, and of the foundation on which it stands. I hold it

to be a popular government, erected by the people; those who administer

it responsible to the people; and itself capable of being amended and

modified, just as the people may choose it should be. It is as popular,

just as truly emanating from the people, as the State governments. It is

created for one purpose; the State governments for another. It has its

own powers; they have theirs. There is no more authority with them to

arrest the operation of a law of Congress, than with Congress to arrest

the operation of their laws. We are here to administer a Constitution

emanating immediately from the people, and trusted by them to our

administration. It is not the creature of the State governments. It is

of no moment to the argument, that certain acts of the State

legislatures are necessary to fill our seats in this body. That is not

one of their original State powers, a part of the sovereignty of the

State. It is a duty which the people, by the Constitution itself, have

imposed on the State legislatures; and which they might have left to be

performed elsewhere, if they had seen fit. So they have left the choice

of President with electors; but all this does not affect the proposition

that this whole government, President, Senate, and House of

Representatives, is a popular government. It leaves it still all its

popular character. The governor of a State (in some of the States) is

chosen, not directly by the people, but by those who are chosen by the

people, for the purpose of performing, among other duties, that of

electing a governor. Is the government of the State, on that account,

not a popular government? This government, Sir, is the independent

offspring of the popular will. It is not the creature of State

legislatures; nay, more, if the whole truth must be told, the people

brought it into existence, established it, and have hitherto supported

it, for the very purpose, amongst others, of imposing certain salutary

restraints on State sovereignties. The States cannot now make war; they

cannot contract alliances; they cannot make, each for itself, separate

regulations of commerce; they cannot lay imposts; they cannot coin

money. If this Constitution, Sir, be the creature of State legislatures,

it must be admitted that it has obtained a strange control over the

volitions of its creators.

[Sidenote: The people erected the government.]

[Sidenote: A constitution with enumerated powers.]

[Sidenote: The main design of the Constitution to free the government

from State agency.]

[Sidenote: The failure of the Confederation the cause of the

Constitution.]

The people, then, Sir, erected this government. They gave it a

Constitution, and in that Constitution they have enumerated the powers

which they bestow on it. They have made it a limited government. They

have defined its authority. They have restrained it to the exercise of

such powers as are granted; and all others, they declare, are reserved

to the States or the people. But, Sir, they have not stopped here. If

they had, they would have accomplished but half their work. No

definition can be so clear as to avoid possibility of doubt; no

limitation so precise as to exclude all uncertainty. Who, then, shall

construe this grant of the people? Who shall interpret their will, where

it may be supposed they have left it doubtful? With whom do they repose

this ultimate right of deciding on the powers of the government? Sir,

they have settled all this in the fullest manner. They have left it with

the government itself, in its appropriate branches. Sir, the very chief

end, the main design, for which the whole Constitution was framed and

adopted, was to establish a government that should not be obliged to act

through State agency, or depend on State opinion and State discretion.

The people had had quite enough of that kind of government under the

Confederation. Under that system, the legal action, the application of

law to individuals, belonged exclusively to the States. Congress could

only recommend; their acts were not of binding force till the States had

adopted and sanctioned them. Are we in that condition still? Are we yet

at the mercy of State discretion and State construction? Sir, if we are,

then vain will be our attempt to maintain the Constitution under which

we sit.

But, Sir, the people have wisely provided, in the Constitution itself, a

proper, suitable mode and tribunal for settling questions of

constitutional law. There are in the Constitution grants of powers to

Congress, and restrictions on these powers. There are, also,

prohibitions on the States. Some authority must, therefore, necessarily

exist, having the ultimate jurisdiction to fix and ascertain the

interpretation of these grants, restrictions, and prohibitions. The

Constitution has itself pointed out, ordained, and established that

authority. How has it accomplished this great and essential end? By

declaring, Sir, that "_the Constitution, and the laws of the United

States, made in pursuance thereof, shall be the supreme law of the land,

any thing in the constitution or laws of any State to the contrary

notwithstanding_."

[Sidenote: The supremacy of the Constitution.]

Daniel Webster for Young Americans Comprising the greatest speeches of the defender of the Constitution · 第 10 / 15 段